Title 78A - Judiciary and Judicial Administration - Chapter 6 - Juvenile Court Act - Part 1 - General Provisions - Section 113 - Placement of minor in detention or shelter facility -- Grounds -- Detention hearings -- Period of detention -- Notice -- Confi


Published: 2020-05-12

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Effective 5/12/2020 Renumbered 9/1/2021 78A-6-113 Placement of minor in detention or shelter facility -- Grounds -- Detention hearings -- Period of detention -- Notice -- Confinement for criminal proceedings -- Bail laws inapplicable -- Exception. (1)

(a) A minor may not be placed or kept in a secure detention facility pending court proceedings, except in accordance with Section 78A-6-112.

(b) A child may not be placed or kept in a shelter facility pending court proceedings unless it is unsafe to leave the child with the child's parents, guardian, or custodian.

(2) (a) After admission of a child to a detention facility pursuant to Section 78A-6-112 and immediate

investigation by an authorized officer of the court, the judge or the officer shall order the release of the child to the child's parent, guardian, or custodian if the judge or officer finds that the child can be safely returned to the parent's, the guardian's, or the custodian's care, either upon written promise to bring the child to the court at a time set or without restriction.

(b) If a child's parent, guardian, or custodian fails to retrieve the child from a facility within 24 hours after notification of release, the parent, guardian, or custodian is responsible for the cost of care for the time the child remains in the facility.

(c) The facility shall determine the cost of care. (d) Any money collected under this Subsection (2) shall be retained by the Division of Juvenile

Justice Services to recover the cost of care for the time the child remains in the facility. (3)

(a) When a child is detained in a detention or shelter facility, the parents or guardian shall be informed by the person in charge of the facility that the parent's or guardian's child has the right to a prompt hearing in court to determine whether the child is to be further detained or released.

(b) When a minor is detained in a detention facility, the minor shall be informed by the person in charge of the facility that the minor has the right to a prompt hearing in court to determine whether the minor is to be further detained or released.

(c) Detention hearings shall be held by the judge or by a commissioner. (d) The court may, at any time, order the release of the minor, whether a detention hearing is

held or not. (e) If a child is released, and the child remains in the facility, because the parents, guardian, or

custodian fails to retrieve the child, the parents, guardian, or custodian shall be responsible for the cost of care as provided in Subsections (2)(b), (c), and (d).

(4) (a) A minor may not be held in a detention facility longer than 24 hours, unless a court

determines that there is probable cause for the minor's arrest. (b) The court shall hold a detention hearing within 48 hours of the minor's arrest, excluding

weekends and holidays, to determine whether the minor should: (i) remain in detention in accordance with Subsection (4)(f); (ii) be released to a parent or guardian; or (iii) be placed in any other party's custody as authorized by statute.

(c) The probable cause determination under Subsection (4)(a) and the detention hearing under Subsection (4)(b) may occur at the same time if the probable cause determination and the detention hearing occur within the time frames under Subsection (4)(a) and (4)(b).

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(d) A child may not be held in a shelter facility longer than 48 hours before a shelter hearing, excluding weekends and holidays, unless a court order for extended shelter has been entered by the court after notice to all parties described in Section 78A-6-306.

(e) (i) A hearing for detention or shelter may not be waived. (ii) Detention staff shall provide the court with all information received from the individual who

brought the minor to the detention facility. (f) The judge or commissioner may only order a minor to be held in the facility or be placed

in another appropriate facility, subject to further order of the court, if the court finds at a detention hearing that:

(i) releasing the minor to the minor's parent, guardian, or custodian presents an unreasonable risk to public safety;

(ii) less restrictive nonresidential alternatives to detention have been considered and, where appropriate, attempted; and

(iii) the minor is eligible for detention under the division guidelines for detention admissions established by the Division of Juvenile Justice Services, under Section 62A-7-202 and under Section 78A-6-112.

(g) (i) After a detention hearing has been held, only the court may release a minor from detention.

If a minor remains in a detention facility, periodic reviews shall be held in accordance with the Utah Rules of Juvenile Procedure to ensure that continued detention is necessary.

(ii) After a detention hearing for a violent felony, as defined in Section 76-3-203.5, or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that notice of the court's decision, including any disposition, order, or no contact orders, be provided to designated persons in the appropriate local law enforcement agency and the district superintendent or the school or transferee school, if applicable, that the minor attends. The designated persons may receive the information for purposes of the minor's supervision and student safety.

(iii) Any employee of the local law enforcement agency, the school district, and the school that the minor attends who discloses the court's order of probation is not:

(A) civilly liable except when the disclosure constitutes fraud or willful misconduct as provided in Section 63G-7-202; and

(B) civilly or criminally liable except when disclosure constitutes a knowing violation of Section 63G-2-801.

(5) A minor may not be held in a detention facility, following a dispositional order of the court for nonsecure substitute care as defined in Section 62A-4a-101, or for community-based placement under Section 62A-7-101.

(6) (a) Except as otherwise provided in this section, a minor may not be held in a detention facility

following a disposition order of the court for longer than 72 hours, excluding weekends and holidays.

(b) The period of detention may be extended by the court for a cumulative total of seven calendar days if:

(i) the Division of Juvenile Justice Services, or another agency responsible for placement, files a written petition with the court requesting the extension and setting forth good cause; and

(ii) the court enters a written finding that it is in the best interests of both the minor and the community to extend the period of detention.

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(c) The court may extend the period of detention beyond the seven calendar days if the court finds by clear and convincing evidence that:

(i) the Division of Juvenile Justice Services or another agency responsible for placement does not have space for the minor; and

(ii) the safety of the minor and community requires an extension of the period of detention. (d) The Division of Juvenile Justice Services shall report to the court every 48 hours, excluding

weekends and holidays, regarding whether the Division of Juvenile Justice Services or another agency responsible for placement has space for the minor.

(7) The agency requesting an extension shall promptly notify the detention facility that a written petition has been filed.

(8) The court shall promptly notify the detention facility regarding the court's initial disposition and any ruling on a petition for an extension, whether granted or denied.

(9) (a)

(i) A child who is younger than 16 years old may not be held in a jail, lockup, or other place for adult detention, except as provided by Section 62A-7-201, 78A-6-703.5, or 78A-6-703.6.

(ii) Section 62A-7-201 regarding confinement facilities applies to this Subsection (9). (b)

(i) A child who is 16 years old or older and whose conduct or condition endangers the safety or welfare of others in the detention facility for children may, by court order that specifies the reasons, be detained in another place of confinement considered appropriate by the court, including a jail or other place of confinement for adults.

(ii) A secure facility is not an appropriate place of confinement for detention purposes under this section.

(10) A sheriff, warden, or other official in charge of a jail or other facility for the detention of adult offenders or individuals charged with an offense shall immediately notify the juvenile court when an individual who is or appears to be under 18 years old is received at the facility and shall make arrangements for the transfer of the individual to a detention facility, unless otherwise ordered by the juvenile court.

(11) This section does not apply to a minor who is brought to the adult facility in accordance with Section 78A-6-703.2, 78A-6-703.5, or 78A-6-703.6.

(12) A provision of law regarding bail is not applicable to minors detained or taken into custody under this chapter, except that bail may be allowed:

(a) if a minor who need not be detained lives outside this state; or (b) when a minor who need not be detained comes within one of the classes in Section

78A-6-1101. (13) Section 76-8-418 is applicable to a child who willfully and intentionally commits an act against

a jail or other place of confinement, including a Division of Juvenile Justice Services detention, shelter, or secure confinement facility that would be a third degree felony if committed by an adult.